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1919 Supreme(Mad) 268

A.RAHIM
Veyindramuthu Pillai – Appellant
Versus
Maya Nadan – Respondent


JUDGMENT

Abdur Rahim, C.J.

1. This is a reference to the Full Bench made in certain appeals against orders which arose under the circumstances mentioned in the order of reference. Briefly speaking, the claims of the decree-holder-purchaser of the disputed property in execution of a money decree and of his vendee having been disallowed as against the purchasers under a mortgage decree, one of them being the decree-holder himself with respect to a part of the property, the purchaser of the other part being a stranger, the question arose whether the order of the lower Court comes within the purview of Section 47 of the Code of Civil Procedure and is therefore appeal-able. The suit on the mortgage was instituted after the attachment in execution of the money decree and the sale under the money decree which was subject to the mortgage was made between the dates of the preliminary mortgage decree and the final decree. I shall proceed on the basis assumed in the order of reference that the question that has arisen relates to execution, discharge, or satisfaction of the decree within the meaning of Section 47, and that all that we are asked is whether such a question arose between the partie





















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